The URL can be used to link to this page

Home My WebLink About09-2086 Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Federal Home Loan Mortgage Corporation 5000 Plano Parkway Carrollton, TX 75010 Kenneth E. Brown, III or occupants 4592 Manor Drive Mechanicsburg, PA 17055 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term No. 09- '0d U Gd1l? ? ??"' CIVIL ACTION - EJECTMENT **This firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property." NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for and other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (888)-990-9108 PHS #: 198857 1. Plaintiff is Federal Home Loan Mortgage Corporation. 2. Defendant is Kenneth E. Brown, III or occupants. 3. Plaintiff is the record owner of premises located at 4592 Manor Drive Mechanicsburg, PA 17055, a legal description of which is attached. 4. Plaintiff became the owner of said premises as a result of the foreclosure and judicial sale by the Sheriff of Cumberland County, on February 4, 2009, as evidenced by the Sheriff's deed recorded February 27, 2009 in the Office of the Recorder of Cumberland County in instrument # 200905632, a true and correct copy of which is attached hereto, made party hereof, and marked as Exhibit "A". 5. Plaintiff, by virtue of the above, is the record owner of said premises, and is entitled to possession thereof. The defendant is occupying the said premises without right and so far as the plaintiff is informed, without claim of title. 6. Plaintiff has demanded possession of the said premises from the said defendant who has refused to deliver up possession of same. WHEREFORE, plaintiff seeks to recover possession of said premises. / Francis S. Hallinan, Esquire Attorney for Plaintiff ?`?171J3IT "All Tax Parcel No. 13-10-0256-075 Know all Men by these Presents 11(itl(11[11 That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to Federal Home Loan Mortgage Corporation. Real Estate Sale No. 32 Writ No. 2008.1624 Civil Term lndymac Bank, F.S.B. VS Kenneth E. Brown, III Attorney Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern right-of-way line of Manor Drive, said point being a common corner with Lot 32 of the Final Subdivision Plan of the Manor at Westport; of which this is a part; THENCE, along the southern right- of-way line of Manor Drive, along an arc of a curve, curving to the left, having a radius of 300.00 feet, an arc length of 15.00 feet, the chord of which being South 81 degrees, 32 minutes, 56 seconds East, for a distance of 15.00 feet to a point; thence, along the same, South 82 degrees, 58 minutes, 53 seconds East, for a distance of 69.32 feet to a point, said point being the right-of-way intersection of the southern right-of-way line of Manor Drive and the western right-of-way line of Woods Way; thence, along said right-of-way intersection, along an arc of a carve, curving to the right, having a radius of 15.00 feet, an arc length of 22.48 feet, the chord of which being South 40 degrees, 03 rnurutes, 06 seconds East, for a distance of 20.43 feet to a point, said point being along the western right-of-way line of Woods Way; thence, along said western right-of-way line, along an arc of a curve, curving to the left, having a radius of 190.00 feet, an arc length of 69.10 feet, the chord of which being South 07 degrees, 32 minutes, 27 seconds East, for a distance of 68.72 feet to a point, said point being a common corner with Lot 31 of the aforementioned subdivision plan; thence, along Lot 30, South 70 degrees, 10 minutes, 37 seconds West, for a distance of 126.63 feet to a point, said point being a common corner with Lot 32 of the aforementioned subdivision plan; thence, along Lot 32, North 05 degrees, 32 minutes, 22 seconds East, for a distance of 138.03 feet to a point, the POINT OF BEGINNING. CONTAINING 11,557 square feet of land. BEING Lot 31 of the Final Subdivision Plan for The Manor at Westport as recorded in Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Kenneth E. Brown, 1H, a single person, as sole owner, by Deed from RCP&P, LLC, a Pennsylvania Limited Liability Company, dated 02/16/2007, recorded 03/13/2007, in Deed Book 279, page 572. PREMISES BEING: 4592 MANOR DRIVE, MECHANICSBURG, PA 17055 ik PARCEL NO. 13-10-0256-075 The same having been sold by me to the said grantee on the 4th day of February Anna Domini Two Thousand and Nine (2009) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 15th day of August Anno Domini 2008 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Eight (2008) Number 1624 at the suit of Indymac Bank, F.S.B. against Kenneth E. Brown, 111. In Witness Wereof, I have hereunto affixed my signature this 23rd day of February Anno Domini Two Thousand and Nine (2009) R. omas Kline, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 23rd day of Feb, Anno Domini Two Thousand and Nine (2009) i B 4 ?V:1:111F . r ., , •., :. 1 v?Y1tlV. V L PROTHONOTAIIy, NOTARY PUBLIC .. ., ,?: ° CARLISLE CUMBERLAND COQ, COURTHOUS Y? f?;: tS" f', ?a?? ^• t .:. ; E MY COMMISS10N MIMI JANUARY 4 . : . , "'?,^• rf ' , ?.010 I hereby certify that t e rest enc C•t IK ?ht• I = And Post Office address of the Within Grantee is :<. '' .?'r;'?;?' ; •, 5000 Plano Parkway , . r '? ?: ••'?- Carrollton, TX 75010 olicitor USE COMMONWEALTH OF PENNSYLVANIA REALTY TRANSFER TAX DEPARTMENT OF REVENUE STATEMENT OF VALUE BUREAU OF INDIVIDUAL TAXES DEPT. 280603 HARRISBURG, PA 17126.0603 See Reverse for Instructions Complete each section and file in duplicate with Recorders of Deeds when (1) the fall vdaelconsid is without eonsiderstlea, or qy gig, or (3) a ax exe"uous is claimed. A statement of value is not "o"W luer J. _-) # ;zoo ? o stag 1 Date Recorded a ? ? ? _ ? Is not set forth is the deed, (2) when the do d if the transfer is wholly exempt from tax A CORRBSPONDENT - AH inquiries may be directed to the following person: Name Telephone Number: DANIEL G. SCHMIEG U QUIRE Suite 14 00 Area Code 215 56.1-7000 Street Address City Stale Zip Code One Penn Center at Suburban Station, Philadelphia PA 19103 1617 JFK Blvd. B TRANSFER DATA Date of Acceptance of Document Grantor(s)/Lessor(s) Grantee(s)/Lessee(s) R. Thomas Kline - Office of the sheriff FEDERAL HOME LOAN MORTGAGE CORPORATION Street Address Street Address One Courthouse Square 5000 Plano Parkway. City state Zip Code City State Zip Code Carlisle PA 17013 Carrollton TX 750,10 tC PROPERTY LOCATION Street Address City, TowashIN Borough 4592 Manor Drive Mechanicsburg, PA 17055 Lower Allen Towns hi County School District Tax Parcel Number CUMBERLAND Lower Allen 13-10-0256-075 & Control #00513084 D VALUATION DATA 1. Actual Cash Consideration 2. Other Consideration 3. Total Consideration $1,211.58 + .0- a $1,211.58 4. County Assessed Value S. Common Level Ratio Factor 6. Fair Market Value 5465.390.00 _ x1.26 = $ 586 91.40 E WC MPTION DATA Ia. Amount of Exemption Claimed 1 b. Percentage of Interest Conveyed i c. Percentage of Oranta's Interest Conveyed t. Check Appropriate Box Below for Exemption Claimed 3 Will or intestate succession 100% (Name of Deewant) (Estate File Number) I Transfer to Industrial Development Agency. Transfer to a Trust. (Attach complete copy of trust agreement identifying all beneficiaries.) Transfer between principal. and agent. (Attach complete copy of agency/straw party agreement.) Transfer from mortgagor to a holder of a mortgage in default. Mortgage Instrument Number 7,3". Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (if condemnation or in lieu of condemnation, attach copy of resolution.) Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) 7 Statutory corporate consolidation, merger or division. (attach copy of articles.) K Other (Please explain exemption claimed, if other than listed above. Transfer to Federal Home Loan Mortgage Corporation is exempt pursuant to Sec #91.193 (b) (1) (v) of the Pennsylvania Realty Transfer Regulations. This Is a Government agency. Under Penalties of law, l declare that I have examined this Statement, Including accompanying in!raation, and to the best of my Signature of Correspoodeat or Responsible Party Date: i DANIEL G. SCHMIEG, ESQUIRE rAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOC AY RESULT IN TH 2ECORDER'S REFUSAL TO RECORD THE DEED. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200905632 Recorded On 2/27/2009 At 1:49:31 PM * Instrument Type - DEED-SHERIFF'S Invoice Number - 38113 User ID - MBL * Grantor - BROWN, KENNETH E III * Grantee - FEDERAL HOME LOAN MTG CORP * Customer - CUMBERLAND COUNTY SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 'Comm ARCHIVES rats $2.00 ROD ARCHIVES FUR $3.00 WEST SHORE SCHOOL $0.00 DISTRICT LOWER ALLEN TOWNSHIP $0.00 TOTAL PAID $49.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D EDS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. WOBW 111111111111111 VERIFICATION Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my knowledge, information, and belief. I was the attorney for the Plaintiff or Plaintiffs predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchased the property on behalf of the Plaintiff by bidding on the property at the sheriffs sale. I am making this verification rather than a representative of the Plaintiff because I have personal knowledge of the purchase of this property at sheriffs sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. y/.?/0?7 Date Francis S. Hallinan, Esquire Attorney for Plaintiff D-5- I , - OF THE RN ARY 2009 APIA -3 AM 10: 21 CUMBE MI,A ?u Ci)U t PENNSA-Vn,NjL4. 7q/ 7 n, 3 !79 Sh riff s Office of Cumberland County R Thomas Kline Sheriff 0"Vol? ofirbrt 410 Edward L Schorpp Solicitor Ronny R Anderson Chief Deputy OFF,GE CF rrE s?,,R Fr Jody S Smith Civil Process Sergeant SHE' RIFF'S RETURN OF SERVICE 04/08/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within name defendant to wit: Kenneth E. Brown, III at 4592 Manor Drive, Mechanicsburg, Cumberland County, Pen Sylvania, 17055 but was unable to locate him in his bailiwick he therefore returns the within Complai it as not found as to the defendant, Kenneth E. Brown, III. There are no additional residents at giv n address and the property appears to be vacant. SHERIFF COST: $37.00 April 09, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Docket No. 2009-2086 Federal Horne Loan v Ke th E. Brown III RLED-O =i !CE OF THE !??CTPO TARY 2009 APR 13 AM 8+ 5 7 WAS, a 1? --,-n ,) +-,,ul It iTY PENNSYLVANIA M Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele-M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Federal Home Loan Mortgage Corporation Plaintiff Vs. Kenneth E. Brown, III Or Occupants Defendant(s) Court of Common Pleas Cumberland County No. 09-2086 Civil Term PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PRETUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark th case discontinued and ended, upon payment of your costs only. 4W01 Date Phe , Hallinan & Schmi , LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Attorney for Plaintiff PHS# 198857 -A. ALED-OFFICE OF THE oP*C',r- ;r, .;OTARY, 2009 JUN 10 PM 2: 22 CUMBE.H?A' 'u C;`: UNTY PENNSYLVANIA